Hensel v. Beckward - 273 Md. 426, 330 A.2d 196 (1974)

Rule:

If an unfavored driver is involved in an accident with a favored vehicle under circumstances where the boulevard law is applicable then in a suit based on that collision the unfavored driver is deemed to be negligent as a matter of law. And, if the unfavored driver is a plaintiff, his suit is defeated unless the doctrine of last clear chance rescues his claim. Whereas, if the unfavored driver is a defendant he is liable except in the rare case when the issue of contributory negligence on the part of the favored driver is properly submitted to a jury, i.e., whether he was guilty of negligence that was a proximate cause of the accident.

Facts:

The accident occurred on a clear, moonless night when the unfavored driver stopped at a stop sign which controlled the entry of traffic onto a four-lane divided highway, looked both ways twice, and then proceeded slowly across the intersection. When halfway across the other side of the highway, the favored driver's car suddenly appeared, traveling at a fast rate of speed with unlit headlights, resulting in the collision. The favored driver sought review of the judgment of the Court of Special Appeals (Maryland), reversing the judgment of the trial court for unfavored driver pursuant to the motor vehicle "boulevard rule," Md. Ann. Code art. 66 1/2, § 11-403 (Repl. 1970).

Issue:

Under the "boulevard rule," was the unfavored driver, though he stopped at the stop sign, contributorily negligent as a matter of law in failing to yield the right-of-way to the favored vehicle traveling on the favored highway?

Answer:

Yes.

Conclusion:

The court reversed and remanded, holding that, under the "boulevard rule," the unfavored driver, though he stopped at the stop sign, was contributorily negligent as a matter of law in failing to yield the right-of-way to the favored vehicle traveling on the favored highway. When an unfavored driver sued, the "boulevard rule" barring his recovery applied to an accident which occurred between him and the favored motorist on the "boulevard," either in the intersection or at a point so close to it that the unfavored entering driver interfered with the favored driver's right-of-way into or through the intersection, unless, under appropriate circumstances, the unfavored driver was rescued by the doctrine of last clear chance.